Meyer v. King
Mississippi Supreme Court
From the circuit court of Warren county. HoN. John D. Gilland, Judge. The facts are stated in the opinion. 1. A civil wrong and.a crime, though both proceeding from one act, are legally distinct; and, where the injury is one that falls on the entire community, an individual suffering from it only as others do, can maintain no action against the wrongdoer, even if it should, in a degree, press more heavily upon him than upon the others.
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From the circuit court of Warren county. HoN. John D. Gilland, Judge. The facts are stated in the opinion. 1. A civil wrong and.a crime, though both proceeding from one act, are legally distinct; and, where the injury is one that falls on the entire community, an individual suffering from it only as others do, can maintain no action against the wrongdoer, even if it should, in a degree, press more heavily upon him than upon the others. But he who suffers special damage may have his suit, though, by reason of the public harm, the defendant is also indictable. Bishop on Non Contract L., §§ 71,…
1Opinion of the CourtWhitfield, J.
This is an action instituted under § 663, code 1892, by appellant to recover damages for the loss of the services of his minor son, resulting from his death by reason of the negligence, as alleged, of appellee, a druggist in the city of Vicksburg, in selling to said minor, in wilful violation of § 1252, code 1892, chloroform, which, after such sale, he drank and died. There were two declarations. The first contained two counts. In the first count it is alleged that the minor was ‘' a minor of tender years, who was at this said time (the time of sale) employed as a clerk in a grocery store,…
2Cases cited10 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Binford v. JohnstonIndiana Supreme Court · 1882
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- King v. HenkieSupreme Court of Alabama · 1886
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3Cited by15 opinions
- Scott v. Greenville Pharmacy, Inc.Supreme Court of South Carolina · 1948
- Bennett Drug Stores Inc. v. MoselyCourt of Appeals of Georgia · 1942
- Deposit Guaranty Bank & Trust Co. v. NelsonMississippi Supreme Court · 1951
- Pysz v. Henry's Drug StoreDistrict Court of Appeal of Florida · 1984
- Eckerd's, Inc. v. McGheeCourt of Appeals of Tennessee · 1935
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